Mills takes over as FPUD legal counsel

Paula de Sousa Mills is the new legal counsel for the Fallbrook Public Utility District (FPUD).

Mills is with Best Best & Krieger, LLP, and on Sept. 26 FPUD's board voted 5-0 to approve the agreement for general counsel legal services with BB&K.

"The board has been considering over the past few months to transition," said FPUD general manager Brian Brady. "Bob James is transitioning his own law practice. The board thought it would be a good time to bring in a new general counsel."

James, who received his law degree from the University of San Diego in 1969 and became FPUD's primary legal counsel in 1979, will continue to practice law. He is transitioning his estate planning clients to Laura Holck, although he will continue handling estate planning matters for his own family, and the primary focus of his law practice will be fiduciary work for clients who desire a trustee.

James will also remain as the legal counsel for the North County Fire Protection District. James and Steve Lopardo still own the Downtown Fallbrook building where Lopardo practices law, although Holck has taken over James' office in that building and James now works from his home office when he is not at a meeting or other venue where his services are being utilized.

James and Lopardo are no longer law firm partners; James is actually Holck's associate in the law firm known as James and Holck. James, who has been a member of the Rotary Club of Fallbrook since 1970, will continue to be an active Rotarian and he also plans to continue his Fallbrook Chamber of Commerce membership, which he has had for more than 40 years.

Although James will no longer be the general counsel, he will be considered "of counsel" when his legal expertise would complement the BB&K activity.

"He's still involved," Brady said.

James will provide institutional history on FPUD legal issues and will also provide other support to BB&K.

"I'm still available there as special counsel," said James.

On Feb. 22, the FPUD board directed staff to issue a request for proposals (RFP) for legal services. The RFP was issued in March. An Aug. 17 FPUD board special meeting discussed the selection of the new general counsel in closed session, and a 5-0 vote chose Mills as the district's legal counsel, authorized Brady to negotiate an agreement for legal services with BB&K for subsequent board approval, and authorized Brady to finalize a conflict waiver letter regarding BB&K's status as legal counsel for the Rancho California Water District.

Mills was FPUD's special legal counsel during the unsuccessful process to consolidate FPUD and the Rainbow Municipal Water District, and BB&K has also served as FPUD special counsel on labor issues.

"The Fallbrook Public Utility District has had a long and very positive relationship with BB&K over the years as special counsel on various issues," said Brady.

FPUD will pay BB&K $255 per hour for partners, $230 per hour for associate attorneys, and $155 per hour for paralegals for basic general counsel services. The charges include one-way travel time for attendance at FPUD board meetings. If special counsel services are needed, FPUD will pay hourly rates of $285 for partners, $260 for associate attorneys, and $165 for paralegals.

BB&K also has a program, which is optional to government clients, providing participants with information about California Environmental Quality Act updates including case law decisions. If FPUD participates in that program the district's fees will be based on dividing the overall cost of the services with the pool of BB&K clients who participate, and FPUD's share will be based on the basic general counsel services hourly rates.